capacity + consent Flashcards
5 criteria for assessing capacity
-understand info given
-weigh risks and benefits of the specific decision
-communicate their decision
-retain the decision that they have made and communicated
-apply that decision or be aware of how this may be applied (e.g. I will need to attend the pre op appointments before surgery, I will need to open the door to allow carers into my home)
if they cannot any 1 of 5 then they lack capacity
what are the principles for adults with incapacity?
- The intervention must benefit the adult
- This benefit cannot reasonably be obtained without the intervention
- Takes account of the adults previously or currently expressed wishes
- Consults with relevant person (family, friends, ccarers, powers of attorney, Guardians)
- The adult should be encouraged to utilise residual capacity (e.g. may not be able to decide an accpeting antibiotic but should be allowed to choose their lunch)
who completes section 47 certificate of incapacity?
-completed by a doctor
what is section 47 certificate of incapacity?
-a form completed by a doctor to authorise non emergency treatment in an adult who lacks the capacity to give/ refuse consent
what does section 47 certificate of capacity not authorise?
DOES NOT authorise:
-use of force
-restraint
Unless immediately necessary and only for as long as necessary
Specifically for the transport of someone
when must power of attorney be granted?
while person retains capacity
who can guardianship be used for and who can it be applied for by?
-can be applied for by family, friends or local authority on behalf of an adult who has already lost capacity
who must assess guardianship?
Requires assessment carried out by:
-two medical professionals (usually GP and a senior psychiatrist) and a Mental Health Officer
-Granted by Sherriff Court
Powers include; Welfare, Financial, Financial including property or a combination of above
can guardianship place an adult in hospital or treatment against their will?
no
what is the mental health (care and treatment) act?
provides legal framework for the treatment of mental disorder or the consequences of mental disorder in a person who lacks capacity to give consent
who can apply/ remove the emergency detention certificate and how long does it last?
Can be used by any doctor more senior than an fy1- doctor with a licence to practice BUT can only be removed by a senior psychiatrist
Lasts 72 hours
what is the criteria for the emergency detention certificate?
-Likely to have a mental disorder
-Impaired decision making
-Risk to themselves or others
-Hospital detention is urgent
-Short term detention would take too long
who can the short term detention certificate be applied by?
can only be applied by a senior psychiatrist AND mental health officer
how long does a short term detention certificate last?
28 days
Criteria for a short term detention certificate?
-Likely to have a mental disorder
-impaired decision
-Detention in hospital is necessary for assessment and treatment
-Risk to themselves or others
-Cannot be treated voluntarily
who can the cumpolsory treatment order by applied by?
-senior pychiatrist and an MHO with the approval of a special tribunal hearing
how long does a compulsory treatment order last?
Lasts 6 months initially but can be applied for a year at a time if needed longer term, Regularly checked by MHS tribunals
what is an advanced statement?
Written up by individuals while well and able to make capacious decisions
Outlines a persons wishes and beliefs about treatment they may need in the future.
Should be read and carefully considered by medical professionals but it is not always possible to follow an advanced statement
Can be utilised for both mental + physical health
who signs and advanced statement?
-the individual and a health/social care worker if possible
how long until an advanced statement recommended to be reviewed?
every 6-12 months
Criteria for a compulsary treatment order (CTO)?
-diagnosed with mental health disorder
-impaired descicion making
-risk to themselves/ others
-treatment available
-cannot be treated voluntarily
